A legislação de aerolevantamento no Brasil: parâmetros para conciliar segurança e defesa nacionais com as inovações tecnológicas do século XXI

Abstract

The objective of this work is to discuss parameters related to the protection of aerial survey data of strategic interest for national security and defense, to contribute to the legal framework of the activity, without compromising the country's development. Current issues need to be taken into account, such as the exponential technological evolution of Remote Piloted Aircrafts (RPA) and their sensors, in contrast to a legal order of stagnant updating. As for the strategic spatial data for national security and defense, this new paradigm of technological innovation imposes the reflection of what it is in fact necessary to protect and how. Add up, as complicating factors, the spread of responsibilities between agencies with diverse legislations and conflicting interests involved. This context reveals a Brazilian reality not in tune with the current legislation that supports it, anachronistic and ineffective. Through bibliographic, documentary and legislation research, it was possible to reconcile these three points in the face of this new paradigm. To this end, given this challenge and the technological and legal constraints for the full integration of innovative platforms and aerial survey sensors, nine fundamental parameters were identified, extracted from a study of the conformation of American legislation and the Russian opening model. These parameters are potential points that, if worked in the geopolitical context, can guide the reconciliation of the challenges of the present, in a legislation with balance between the operational needs for development and the issues of national security and defense.